Retired U.S. Army lieutenant general Michael Flynn, Sr. at a campaign rally for Donald Trump. Photo by Gage Skidmore.

Lt. Gen Michael Flynn proclaimed that he thinks there should be a military coup to replace President Joe Biden with Donald Trump in the White House. It’s something that sent many to demand he be court-martialed, the legal process of prosecution in the U.S. Military.

It isn’t unheard of, Jan. 2020, the Navy Appeals Court decided that “a Navy retiree was properly court-martialed and convicted for a crime committed after he had left active duty,” reported the Military Times.

Even the Federalist Society noted that the Uniform Code of Military Justice allowed for some retirees to be court-martialed though they are rare. But in the civil case Larrabee v. Braithwaite there is a question before the DC Circuit about whether a military member can be court-martialed for a civil crime. For advocating the overthrow of the government, it’s a different issue entirely.

Other legal experts believe that Flynn must be called up again to active duty to be court-martialed.

Many are attacking Flynn for the comment, saying that he has gone too far and it’s time for the military to intervene.

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